Alabama Attorney General Opinion 1979-0181

• OFFICE OF THE ATTORNEY GENERAL (79- to/Si ADMINI IVE BUILDING 64 NORTH UNION MONTGOMERY. AAAAA MA 36130 AREA 634-51110 Hon. Hugh Herring Mayor, City of Geneva P. 0. Box 37 Geneva, Alabama 36340 City of Geneva - Geneva County - Parks and Recreation- County commission and/or city government may render service for parks and recreation facility. Dear Mayor Herring: Your request of April 9, 1979 presents the following questions: 1. Can the Geneva County Commission legally assist the City of Geneva, Alabama, in the hauling and dumping of fill dirt on a site within the City Limits of the City of Geneva, Alabama, for the purpose of establishing a recreation and park facility within said City? 2. If the answer to the first question is yes, must the City of Geneva, Alabama, compensate the Geneva County Commission for their par- ticipation in the hauling and dumping of fill dirt on said recreational site? This office is of the opinion that the provisions of Code of Alabama 1975, 511-86-5 provide adequate answer to both your LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEKuRS. JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINI Bye ASSISTANT CHARLESA.GRADDICK ATTORNEY GENERAL STATE OF ALABAMA MAY 3 1979 CHARLES A. GRADDICR Attorn General by- Rando G. t.urie Assistant Attorney General Hon. Hugh Herring Mayor, City of Geneva Page Two questions. Said code section providse as follows: "The county commission of a county or governing body of a municipality may make appropriations from county or municipal general funds to the recreation board for the support and maintenance of the board, a recreational program and recreational lands, buildings, equipment and facilities. The county commission or municipal governing body may designate for use as parks, playgrounds and recreation centers and facilities any lands or buildings owned by, 'leased by or loaned to the county or municipality. The county commission or municipal governing body may improve and equip or appropriate funds to the board for improving and equipping the lands and buildings for recreational purposes. The county commission or municipal governing body may acquire lands, buildings and facilities for recreational purposes by means of purchase, lease, loan, gift or condemnation proce- dure and shall have power to accept financial and other aid and grants for recreational purposes from any public or private agency. Any county or munici- pality may join with one or more counties or munici- palities in acquiring property for recreational pur- poses and, through the recreation board, join simi- larly in the operating and maintaining of playgrounds, parks and recreation centers and facilities." lherefore, the Geneva County Commission may provide for the hauling and dumping of fill dirt for the purpose of establishing a park facility in the City of Geneva and it is not necessary that the Geneva County Commission be compensated therefor. It is hoped that the above conclusions will enable you to proceed with your park facility. Sincerely,